I enjoyed this rationale, it was well put: Just as the Fourth Amendment would have been triggered if an 18th century constable hid himself in a suspect's stagecoach to track him or record his conversations, so too must modern police satisfy the Fourth Amendment before using satellites to track devices hidden on cars. There must be an equally valid analogy with the 18th century post office making copies of someones personal letters and storing them in case the justice dept comes knocking.
That's very refreshing to hear. However, I have no idea how Congress is going to go about usefully identifying non-secretive, but private material. Maybe it could be as simple as an active choice? What if your profile on Hubski had a check box that said: "I intend all interactions on Hubski to be anonymous. Except for personal information that I explicitly make available, I do not intend my activity on the site to disclose my personal information."
http://en.wikipedia.org/wiki/Health_Insurance_Portability_an...